12 THE MORNING OKEGONIAN, MONDAY, JULY 10, 1905. ILL MOVE FOR I NEW TRIAL Ground on Which Senator Mitchell Hopes to Get Court Order. LACK OF EVIDENCE CLAIMED At the Same Time That the Motion Is ilade for a Rehearing Arrest of Judgment Will Also Be Asked. Senator Mitchell at 30 o'clock this morning will present his motion for a new trial in the Federal Court before Judge De Haven. At that time ex Senator Thurston will argue before the Court one new phase In his contention for a. new trial which has not as yet been ruled upon by Judge De Haven and upon which the defense bases great hopes of an order for a re-hearing on error. This ground Is that Mitchell was adjudged guilty by the Jury as to the sixth count of the indictment, when in fact there was no evidence introduced tending to show the guilt of the de fendant upon this count. Senator Mitchell is charged in the sixth count with having received a check from Krlbs on January 4, 1501. for $355 in re turn for services rendered Krlbs. The defense will set up in Its argument that the prosecution introduced no evidence at any time during the course of the trial tendind to connect the Senator with having received the check named, or with having performed services entitling him to the check. Upon this contention no ruling of the Court has sis yet been made, and upon it the defense bases a great deal of hope for the success of its motion for a re-hearing. Prepare for Motion. During the time passed since the rendi tion of the verdict of guilty on July 3. Senator Mitchell and his counsel have been very busy preparing their motion for a new trial and the writ of error upon which will be based tho application for an appeal. A motion for supensc of judgment has also been prepared tor presentation to the Court this morning in conjunction with the' motion for a new trial. The grounds upon which the re-hearing will be prayed for begin with the deci sion of Judge Bellinger In refusing to allow the plea of abatement and in rul ing that such plea should be argued be fore the Court and not before a Jury as asked for by the defense. It will be argued by Thurston and Bennett, that the failure of the late Judge Bellinger to allow the plea of abatement to be tried out before a Jury and with wit nesses was a violation of the constitu tional right of the defendant and ground for a re-hearing. It will be argued further as ground for another trial, that the Jury returned t: general verdict, declaring the defendant guilty on all of the counts in the indict ment, by which action it found the Sen ator guilty of six separate and distinct offenses under one indictment. The new portion of the motion upon which there has been no previous ruling of the Court, will relate to the sixth count, it being alleged that this count, upon which the defendant has been found guilty. Is unsupported by ex'idence connecting the defendant with the crime charged in tiio count. Exception to Honey's Remarks, Kxceptlon will also be taken in the motion to the remarks of Heney in his closing argument when he stated to the Jury that an indictment had been re turned by the grand Jury against Sen ator Mitchell for subornation of perjury. It will be contended that this statement in the argument was prejudicial to the case of the Senator and should be ground for hearing before another jury. The motion will also urge that the Introduction of the evidence of other transactions not mentioned in the indict ment entered for the purpose of show ing the guilty knowledge of the Sen ator was not according to the law and was prejudicial to the defense and there fore ground for a rehearing. The motion for the arrest of judgment will cover practically the same grounds as the motion for re-hcarlng and will in all probability be submitted to the Court without argument. May Appeal Simultaneously. Thurston and his client have not as yet decided whether the case will be ap pealed directly to the Supreme Court in case the re-hearlng is denied by Judge De Haven. It may be that the appeal will be made both to tho Supreme Court and to the Circuit Court of Appeals at the same time, as was done in the Burton case of a year ago, which was practically similar to the one Just tried. If this is done, It Is probable that the case will be argued in the Supreme Court first, as was dene in the Burton case. It is not thought that the arguments in the motion of this morning will con sume more than the forenoon, if ail of that time is taken. Most of the points to be considered have been already un der the attention of the Court and will need but little argument. After the hearing of the argument, in case it Ls not successful, the filing of the applica tion for a writ or error, and the motion to suspend judgment will defer the pass ing of any sentence for some time at least if not until after the case has been heard before the highor courts. TRIAD AVILIi BE RESUMED "Williamson Case Comes Up Again This Afternoon. The trial of the case of the United Btates vs. Williamson et al. will be re suomed this afternoon at 2 o'clock, after the recess taken in order to allow of the argument in the Mitchell motion for a new trial. It is expected that the sessions of the court will gain In interest from this time on, owing to the lact that the connection of Williamson with the alleged conspiracy will be taken up by tfic Government and an attempt made to snow his connivance and co-operation in the pubornation of the employes of the firm to commit per jury. Up to this time the testimony has connected Dr. Gcpncr and Marion Biggs with the allegations of the indictment, but the interest of 'Williamson in the con spiracy has only been hinted at. It is understood that there are Portland wit nesses yet to be produced by the Gov ernment who will, in connection with the testimony of the people who made the filings on the claims mentioned in tho In dictment, jthow the alleged conspiracy of all the defendants. Dog Falls Over Cliff to Icdge. Information was brought to the city last night by Elwood Mills, a local con tractor, to the effect that sometime dur ing Saturday night a valuable setter hunting dog fell over the cliff known as "Elk Rock." situated about two miles north of Oswego, and had landed unin jured upon a projecting ledge, fullr 400 feet from the ground, where he still re mains in plain view. Miles suggested that some hunter might have lost him, and was even now mourn ing for his safety, and considered that it was the duty of the Humane Society to take steps looking to the animal's rescue, as yesterday was an exceptional ly warm day and he must have suffered severely from the intense heat. Henry S. Donnell. roadmastcr of the Southern Pacific Company, who is camped with his family at Elk Rock station, was I.AD GETS GASOLJNE LAUNCH. While the American cruisers, recent ly here, were being vWted by hundreds dally. Will Eastman, of 415 Broadway. 12 years old, found a Job to liii liking. Of all the men and boye who rustled for passengers for their boats at the city landing and the float at the sldo of the war vowels, none worked harder or more persltentl than the 12-year-old. He was employed by & man who made $4 to $7 a day rowing a. boat from the city landing to the cruisers. It was Will's business to help get pas sengers Into that rowboat. lie went to It like a. veteran boatman. Did a party of men and women come upon the float and begin to eye over numerous boats. Will was right there, with the Euggtlon that they go with him. The womon were particularly sue ceptible to the youngster's blandish ments. The boat paid money, and Will got his share. But running a rowboat is (flow work when there are gal!ne launches to operate with. What Will wanted every hour of the day was a launch that would travel tmuch faster than a raw boat. "When my father comes back I'll get him to buy me a launch," was his an nouncement. The man with the row boat didn't seriously believe that he would ever nee his young helper the owner of a launch. One day lart week Will's ex-employer received a surprise. Tho bay's father had returned, to the city and had bought for his ton a launch costing f4S5, and a boathoufie at well. "Now I'll give you a Job running my boat for me," was Will's offer to tho man he had worked for. But yester day Will was running the launch him self. He took several loads of peojtfe to the Fair grounds, and was Just the proudest boy Portland ever iiw. the first to discover the creature's pre dicament, and at once reported the facts to passersby. It Ls probable that efforts at rescue will be made today. ILL HEALTH GflUSE SURGEOX-GENERAIi WYMAX OX NATION'S HEALTH. He Believes That Science Will Yet Overcome Disease on Isthmus of Panama. Brigadier-General "Walter Wyman, SuT-geon-General of the Public Health and Marine Hospital Service of the United States Government, was among the early arrivals to attend the American Medical Association. General Wyman is at the Calumet, where he found quarters until today, and will transfer to the Hotel Port land to occupy reservations made for one day later than his arrival. He has been absent from headquarters at Washington. D. C. since May 25, visiting the Hawaiian Islands, and landed at San Francisco only about a week ago. This is the longest time he has been absent from his office for many years, and denotes that pub lic health is generally good. Other rep resentatives of the same department who will attend the convention in Portland this week are Surgeon Hugh I. Cummlngs, quarantine offici-r at San Francisco; Sur geon M. J. Rosenau director of the Hygienic Laboratory, Washington, D, C, and Dr. G. F. Vaughan, Assistant Surgeon-General, who will arrive today from San Francisco, where he has been attend ing a meeting of the Surgical Society. General Wyman is short of stature, ro tund and active and a fluent conversa tionalist. His allegiance is to the coun try that he has j6rved for 14 years in his present official position, and his energies and thought are devoted to the Public Health and Marine Hospital Service. "My presence here at this time is the best possible indication that conditions af fecting public health are very satisfac tory," he said last night, in answer to interrogatories, "for otherwise I could not be absent from Washington. There are no epidemics prevalent, and I believe san itary conditions throughout the country are very satisfactory- "We have had no epidemics of yellow fever since that at Laredo two years ago. Reappearance of the epidemic there was prevented by destroying the mosquitoes and preventing their reappearance, which was accomplished by draining pools and marshes where stagnant water had been, and in cases where it was impracticable or impossible to destroy such pools, they were covered with oil. The same process was carried out along the Rio Grande and the Gulf Coast, and the Mexican gov ernment co-operated by agreement with the United States to prevent the recur rence of epidemics. The second year the city was divided into districts, and each house inspected daily, in order to discover the first case. If the epidemic should again start, but the precautions and sanitary measures enforced prevented a repetition. "Everything in connection with the Panama Canal and control of the zone ls under the Isthmian Commission, and Major Gorgas. of the United States Army, has been detailed as chief sanitary officer. Several of our most experienced yellow fever and bubonic plague specialists have been detailed to the commission, and have been for some time on the Isthmus. I believe that the situation will be handled, and believe firmly that all epidemics of the character that occur In the tropics can be prevented or overcome by rcicn- unc metnods. "There Is really nothing in the service that Is of particular public interest at this time. The Public Health and Marine Hospital Sen-Ice has jurisdiction over all quarantines in the United States, the Philippines, the Hawaiian Islands and Porto Rico. AH are National quarantines except a few In the United States that aro staW or local, but all are obliged to observe the Treasury regulations. Wo have to treat about 5S.0M seamen of the merchant marine annually In our hospi tals, and have hospital service in every Important seaport of the United States. Including the lake and river ports. In spection of immigrants also comes under our supervision. The Hygienic Labora tory is also a part of the service, being the research laboratory of the Govern ment for all matters relating to public health. "The service is associated with ail State Boards of Health through the annual con ference required to be held by law. and which makes the whole a pretty thorough health organization, and there is a marked feeling of cordiality and friendly co-operation " between the service and the state boards." To Visit San Francisco. . Without seeing the Diamond Palace would be like visiting Europe without seolng Paris. It ls a leading feature of San Fran cisco, and conceded to be the most beauti ful jewelry store in tho world. Visitors cordially welcome. 221 Montgomery street, between Bush and Pine. Reason for the Suicide of Harry C. Boyd. BROKEN DOWN BY WORK The Meier Frank Store's Bargain News One of the Best-Known Insurance Men on tho Coast, Man "Who Killed Himself a Former Portlander. Harry C Boyd, the assistant general agent of the Hamburg-Bremen Insur ance Company, who committed suicide at Spokane July 7. by shooting himself through the head with a revolver. Just purchased of a second-hand dealer, was formerly a resident of this city. He was one of the best-known insur ance men of the Pacific Coast, and had hosts of friends in Portland, who re member him as a Portlander some 15 years ago. Mr. Boyd was a son of Hamilton Boyd, who was the first representative of the Hamburg-Bremen Company in the Pacific Northwest. In 1SS3 the father, incapacitated by age. left tho employ of the company, and the son was appointed agent here. In 1SS5 IL C. BoyJ became interested with U. K. Arnold in forming the firm of Arnold & Boyd, wnlch soon became one of the leading insurance firms in the city and the Northwest. During the Intter S0's Mr. Boyd, who was considered one of the best solici tors and agents on the Coast, was made special agent for Oregon and Washing ton, which position he filled until he was appointed Coast special agent be tween the years of 1890 and 1S95. He then severed his connection with the local field and entered into the duties of his larger office. A short time after the latter promotion he was appointed assistant general agent, the second highest office on the Coast. In this positivn, he had charge of all the terri tory west of the Rocky Mountains, and made an annual trip into Old Mexico, where he checked the accounts of the company's agents and reported directly to the head office at Hamburg. He was expected to make an annual trip through his American territory, but was accustomed to cover the field twice each year when not delayed by press of business. In this field Mr. Boyd was considered to do as much work as three agents occupying similar positions with other companies, and it is thought that over work had a great deal to do with his death. For the past three years or more his health has been falling, and this had caused him to grow despond ent while his mind has been affected to a greater or less degree. Last win ter he suffered a severe attack of pneu monia, from which he recovered with difficulty, and since which he had not been well. Some time ago while being examined by a physician, it was stated to Mr. Boyd that his mind .was three days ahead of the day in which he was living, and he was ordered to rest, which order, however, he failed to obey. To show the interest taken in his businees by Mr. Boyd, it ls related of him that while a resident of Portland lie kept a fire-alarm box In his barn and whenever an alarm was turned in hastened to the scene of the fire in his a risk of the company by which he was ! employed he would begin examination before the fire was out, and would b ready to make an adjustment almost before the ruins were cold. The deceased had no Immediate rel atives In this section of the country, his wife and family living at Frultvale, across the bay from San Francisco. COLUMBIA RIVER TRIP. Steamer "Bailey Gatzcrt" Leaves Daily 8:30 A. M. for Cascade Locks and Return. Fine daylight trip up the Columbia. Grandest river :encry in all creation. Regulator Line steamer Bailey Gatzcrt i leave? from foot of Alder street daily at 8:30 A. M.. arrives back 5:30 P. M. Restaurant on board. Seats for every body. Round trip ticket, J1.50. Phone Main 911. Xo Bnd Effects From Heat. IONE. Or.. July . (Special.) Tho weather here for the past week has been very warm, but with no evil conse quences. Farmers throughout this dis trict say the wheat has not been burned J any more than Is usual in the best years. ! a spot here and there, and that the yield of wheat will be as large as estimated a month ago. SEE PACIFIC OCEAX. Take the "Potter," Queen of River Boat.", Down the Columbia. The T. J. Potter, queen of river boots, sails from Ash-street dock for Astoria and North Beach as follows: Tuesday. July 11, 10:15 A. M.: Wednesday. July J2. 11:15 A. M.: Thursday. July 13. 12:10 (noon); Satur day, July 15. 1:50 P. M. Particulars and O. R. & N. Summer book by asking C W. Stinger, city ticket agent. Third and Washington streets. Portland. Tho Totter will nqt make a trip down the river on July 14. Burnett's Vanilla Extract I sold by all the bft sroeera everywhere, try It. MAKER OF MENS 231 WASHINGTON ST: PORTLAND OREGON. CLOTHES Women's $4-$5 Slippers $1.98 Pair $1.98 500 pairs of Women's hand-turned fancy leather Slippers; in patent leather and kid; French heels; broken lines of finest $4.00 and $5.00 values; your choice today, pr.. $3.50 Oxfords $2.48 1000 pairs of Women's $3.50 Low Shoes; Bluchers and Oxfords; in kid and patent leather; Goodyear welt; all sizes and widths; this season's best models; ASK vour choice at. nair vtTU Misses' Tan and Black Blucher Oxfords; heavy soles; best mod els ; all sizes, at reduced prices for this week only 5 to 8.... 98c Pair 9 to 11,51.08 Pr. 1 1 -2, $1.18Pr. Misses' and Children's patent leather or vici kid three-strap san dals, all new styles, great values for this week only 5 to 8.... 98c Pair 9 to 1 1, $h08Pr. 1 to 2, $1.18 Pr. Misse;' and Childrens' White Canvas Shoes; in all sizes. Misses' and Children's Tan Sandals, all sizes, at the lowest prices. $ 1 .00 Dressing Sacques 52c 300 lawn and cotton Dressing Sacques and short Kimonas$ I .00i values at 52c each will create) excitement in the waist sectionj second floor, today for an hour or two We don't expect them to last any longer consider ing the unusual value offered Polka dots, figured and fancy stripes and plain colors Ruffle and braid trimmed Light or dark colors Large assort ment Only 300 remember, better plan to C come early if you want one real bad 2d Floor No Phone or Mail Orders Filled Great Reductions on all our fine Silk and Lingerie Waists Second Floor. Great Sale of Lace and Embroidery 5000 yards of Swiss and Cambric Embroideries and Insertions, of fine quality comprise an other grand bargain for Monday shoppers in our busy embroidery section; q prettiest designs; immense variety; values to 40c yard, for this sale at, yard 1 -7C 1000 yards of white, black and colored Silk Chiffons, fine quality; large assort- SOf ment of leading shades; regular $1.00 value for the very low price of, per yard .JVC Beautiful Net Top Laces daintiest patterns; values to 60c a yard, for this sale, yard 29 3reat clean-up of white; cream and ecru Venise Bands and Appliques 3000 yards; all the newest and prettiest styles ; values up to $2.00 a yard go on sale tomorrow AQl" at the ridiculously low price of 69p yard; buy all you want at O-PG The great special values in Valenciennes Laces and Insertions continue on sale all this week; all grades; neatest patterns for dress and underwear trimming. Vnusual bargains. Jnst received by express a great new lot of Swiss Insertions for shirtwaist trimming; newest patterns: large variety at very reasonable prices. Let us show 3'ou. Tailored Suits at Nearly Half Price Our entire stock of Women's High-Grade Tailored Suits go on sale today at decided reductions from the reg ular selling prices This season's leading styles and mater ials are all included Portland's only complete display of attractive tailored garments at a saving of one-half Desirable suits for dress, Coast, outing and traveling wear THE DETAILS Blouse, Jacket and Eton styles in Panama cloths, broadcloths, cheviot, covert, serge and shepherd wor- r i i i i x i e mcus in navy, urown, green, uiacK, tan, gray anu xanvy , checks. Blouses fancy gimp and braid-trimmed , skirts flounce- pleated or flared styles , all sizes. The very best bargains in Portland today at the following prices : $16.50 Suits for $ 9.45 $18.00 Suits for $10.25 $20.00 Suits for $ 1 1.45 j $22.50 Suits for $12.65 $28.00 Suits for $15.85 $32.00 Suits for $17.45 $40.00 Suits for $22.85 $25.00 Suits for $14.25 $30.00 Suits for $16.95 $35.00 Suits for $19.25 Women's Percale Shirtwaist Suits Black and White Checks $ 1 .45 Ea. Great special lot of 200 Women's black and white checked percale Shirtwaist Suits, very attractive styles, waist box-plaited, skirt 7 gore; plain flare; just the suit for warm weather wear; all sizes. The grandest bargain of its kind we AZ have ever offered at the low price of, each Linen Specials Colored Crochet Bedspreads; fringed, pink or blue; regular $2.00 values, on sale for this week at 31.32 Colored Satin Marseilles Bedspreads; fringed in pink, blue and red; ?3.50 values at this low price ?2.0S White Marseilles Pattern Bedspreads; hemmed: 700 dozen of them; great value at this low price 70c White Marseilles Pattern Bedspreads; hemmed; regular $1.23 values on sale for the low price of OSc Hemstitched Damask Tea Cloths; 36x3S Inches; very handsome pieces; regu lar $2.00 values, each $1.2S Knotted Fringe Damask Towels, 100 dozen of our 35c values to be sold at the low price of. each Wc Bleached Cotton Huck Towels; 12c values, each 9c- Bleached Satin Damask Table Linen; handsome patterns: our best $1.50 values on sale for, yard $1.2S Bleached Satin Damask Table Napkins, in pretty patterns; regular $3.50 val ues on sale for, dozen 52.6S Canning Necessities Mason Fruit Jars Pints, Kc dozen: quarts, 75c dozen; -gallon, $1.00 dozen; best rubbers, 7c dozen. Economy Fruit Jars Pints, 83c dozen; quarts, 51-05 dozen; -gallon, $1.25 dozen; extra caps. 24c dozen. 17-quart Granite Dish Pans; suitable for cooking fruit; great value, each . 72c Fruit and Jelly Presses; great special I value at. each ..10c 1000 covered Jelly Glasses, great spe cial value; dozen .-...31c 10,000 Jelly Tumblers, best value ever offered at the low price of, dozen 24c Tin Fruit Jar Funnels, each 4c Fruit Jar Wrenches, each ...8c Parafiine Wax for, cake 12c 1-Burncr Oil Stoves at 40c 18 lbs. of Western Dry Granulated Sugar, full weight $1.00 Sale of Bath and Toilet Supplies A Few Very Special Prices for Monday Shoppers Dr. Graves' Talcum Powder for the toilet, infants, after shav ing, etc. grand special value at this low price 7 Coke's Dandruff Cure and Hair Tonic; special at 39 Eastman's Toilet Waters, vio let, carnation and crushed roses, triple extract, great value at, per bottle 39j 4-row Tooth Brushes, ladies' and gents' sizes, best quality; great value at this price. 12c 5000 bars of the famous "Fairy" Soap, for toilet or bath. It floats, special at the low price of bar 3 Fairbanks' Glycerine Tar Soap, the very best at, cake 4 La Premiera Castile Soap, the purest and best on the market; special at this low price. . .7 Bath Brushes, with detachable handles, special at 39p Adams' Shampoo Brushes, reg ular 60c values, for 43 Women's Knit Underwear Specials 100 dozen "Women's Swan Brand Swiss Bibbed Vests: high neck and long sleeves; white, pink and blue; all sizes; our best $1.00 values for the low price of H3c Women's low nock; no sleeve: fancy ribbed Vests; In white only: all sizes: regular 35c value for 23c Infants Summer Apparel We're helpingmothers keep the little ones comfortable during the heated term by providing almost everything they need at saving prices Seconfd Floor Infants' Nainsook Dresses; lace and embroidery trimmed; c reg. $1.50 value; for V Infants' Skirts, trimmed in tucks, lace and embroidery; $1.50 fl? q values, for this sale at..r Infants' Open Front Gowns, ea..43i Infants' Nainsook Slips, with round and pointed yokes; 75c values, for this sale at. . Infants' fancy Dresses, trimmed in lace, insertion and fine embroideries; regular $6.00 values QA on sale for this sale ipT.O Fancy Nainsook Skirts, with lace trimmed ruffles, insertion and bead ing; $4.00 values on 1 O sale for this low price . Infants' hand-embroidered c l y"T Sacques, each, only.. Pique Jackets, hand-embroidered scal lops; sizes 2 and 3 ; reg. fi tr $3.75 values, for this salc.PJ White Pique Shoes, $1.00 values, for this sale, pair 83p Infants' Kid Moccasins for the low price of, pair 27i Infants' Barefoot Slippers for the low price of 43 Infants' three-cornered, lace-trimmed Coat Bibs, r crreat sDeciai value at the vcrv low nrice of. each OC Pillow Slips, hemstitched ruffle and lace insertion; regular 50c values, on sale for this week at 68c 33c $1.50 Women's $2,00 Shirts 89c You Want Them for Coast Wear The greatest sale of Women's Golf Shirts we ever inaugurated is announced for today A special purchase from a well known manufacturer enables us to offer 75 dozen mannish shirts in mercer ized lawns, madras, etamines, linens, fancy lawns, striped oxfords, cham brays, white oxfords, etc., in a wonder ful array of pretty styles The ideal garment for hot weather, golfing, beach and vacation wear Ail sizes Regular S1.50, $1.75 and $2.00 values Your qq choice tomorrow at the phenomenally lowprice of O -C On sale in Men's Furnishing Goods Department PICTURE DEPARTMENT BARGAINS 7x9 Passepartout Frames, red and gray mat ; regular 19c q values, on sale this week at -C Brass Toasts, 6x6 inches, 2oc values, for, each 12? Great odd lot of Framed Pictures ranging in value from t 75c up to $1.25, grand values at New arrival of double and single Metal Photo Frames, in all sizes, handsome styles. New shipment of Framed Pictures just received; latest subjects and frames; all sizes. Artistic Picture Framing to your order at the very lowest prices. New Moldings. Second Floor. BOYS' WASH, SUITS REDUCED Boys' Khaki Suits, for coast and vacation wear; Norfolk style; ages 3 to fl 16 years; great value at r V Boys' Washable Russian Blouse Suits, in blue, tan, brown Chambray; ages 2o to 6 years; matchless vAlue at the low price of Boys' 2-Piece double-breasted Suits, in good serviceable mixtures; S to 15 & qq years; $3.00 value, at P "0 Boys' Blouses in white and colors, Eton col lar, 2l2 to 7 years; $1.50 -i p values, for the low price of tp I I O Boys' white and colored Blouses, combnia tion collar and shield, 21; to 7 l c yrs., reg. $l-.50-$1.75 values V . Little Bo's and Girls' Rompers in blue Cheviot; ages 2 -to 7 years; great value at low price of . . . . Girls' Overalls of blue Denim, pair. .50? Boys' all-wool Russian Blouse Suits in all the best mixtures, ages 2V to 5 years; regular $7 and $7.85 values, on sale... .$585 50c t